Hong Dang - Ho Hoai Anh may have to return to Spain

According to the 2015 Mutual Legal Assistance Agreement in criminal matters, if the Spanish authorities convene, the two artists may have to return here. Whether or not a lawyer is authorized to work depends on the criminal law of this country.

On the morning of August 8, leaders of the Ministry of Culture, Sports and Tourism confirmed that Ho Hoai Anh and Hong Dang had returned home after receiving their passports on August 3. The two artists will work with the management unit before making a written report to the Ministry of Culture.

Returning passports to 2 artists, but Spanish authorities continue to investigate and clarify the case. The Vietnamese Embassy in Spain and the Ministry of Foreign Affairs will monitor and coordinate with relevant authorities to handle the case according to their tasks and competence.

So while the case is still under investigation, will the two artists be subject to preventive measures or have their rights restricted when returning to Vietnam?

According to lawyer Nguyen Minh Long (Director of Dragon Law Firm), with Vietnam and Spain having signed the Mutual Legal Assistance Agreement in criminal matters in 2015, the management of the two artists and the legal responsibilities of the two artists. they shall rely on this agreement.

Regarding the obligation to be present if summoned by the court, the lawyer said that according to paragraph 1, Article 14 of this Agreement, if it is necessary to present a person in the territory of the requesting party to provide evidence and other information , the judicial authority should specify in the request for assistance. The competent authority of the requested country shall invite the person to the relevant authority of the requesting party and send the relevant information as soon as possible.

Thus, if Spain asks two artists to return to continue the investigation, they must be present in this country's territory in accordance with regulations. In case this national official entrusts the Vietnamese side to take statements and provide evidence, the two artists must be present at a competent Vietnamese agency.

In case the Spanish side requests to be present in their territory, whether or not to authorize a lawyer to work depends on Spanish criminal law. In case of summoning to work in Vietnam, the authorization will apply the Criminal Procedure Code 2015. Accordingly, the denounced person is not authorized to act on behalf of a lawyer.

Regarding the application of preventive measures, Article 3 of this Agreement provides for the scope of mutual assistance between the two countries, including activities such as location identification and person identification; service of judicial documents; collect evidence, take testimonies; execute search and seizure warrants; transfer of criminal prosecution or exchange of criminal information... Among these, there is no mutual support for preventive measures.

Thus, the Spanish authorities cannot apply preventive measures to the two artists. In addition, if the Vietnamese authorities do not make a decision to block, Ho Hoai Anh and Hong Dang will not be subject to any measures to prevent or limit their rights.

Regarding the jurisdiction of the two countries to settle the case, citing point j, Article 3 of the Mutual Agreement, lawyer Long said that Spain has the right to transfer criminal prosecution to Vietnam if it determines the behavior of the two countries. of two artists with signs of crime and found that in Vietnam there are more favorable conditions for investigating, prosecuting and adjudicating criminals.

However, the Vietnamese side will refuse to provide assistance if it falls into the cases specified in Article 4 of this Agreement such as acts that do not constitute a crime under Vietnamese law; the request is inconsistent with international treaties and provisions of Vietnamese law or the implementation of the request may be detrimental to sovereignty, security, public order or other essential common interests. .

It can be seen that the fact that Ho Hoai Anh and Hong Dang quietly returned became the focus of public opinion. A lot of conflicting opinions were given, in which a large part of the public questioned the forms of handling and discipline for these two artists.

Although the options for dealing with the two artists currently have to wait for working sessions with the management unit to most accurately assess the violations, after all, for an artist, there is no penalty or form of punishment. There is no discipline more severe than public contempt.

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